IN THE CASE OF:	  

		BOARD DATE:	  31 March 2011

		DOCKET NUMBER:  AR20100023986 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect award of the Bronze Star Medal, Army Good Conduct Medal, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  He states he was awarded the Bronze Star Medal in Vietnam and the Army Good Conduct Medal by General Orders Numbers 12877 and 13069, respectively, and they are not shown on his DD Form 214.  His unit was also awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 59, dated 1969.  The U.S. Army provided him a DD Form 214 when he returned from overseas 48 years ago, but unfortunately the clerk did not enter all of the information and awards that should be on the form.  He would like a new DD Form 214 with corrections.

3.  He provides:

* Bronze Star Medal and Army Good Conduct Medal orders
* DD Form 214

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military records show he was inducted into the Army of the United States on 21 November 1966.  He completed training and was awarded military occupational specialty 71B (Clerk Typist).  He served in Vietnam from 11 February 1968 through 13 November 1968 during four campaigns.  He was assigned to Headquarters and Headquarters Company, 1st Cavalry Division (Airmobile).

3.  General Orders Number 12877 issued by Headquarters, 1st Cavalry Division (Airmobile), on 4 October 1968 awarded him the Bronze Star Medal for meritorious service in the Republic of Vietnam from February to November 1968.

4.  General Orders Number 13069 issued by the same headquarters on 18 October 1968 awarded him the Army Good Conduct Medal (1st Award) for his period of service from 21 November 1966 through 13 November 1968.

5.  He was honorably released from active duty in pay grade E-5 on 15 November 1968 as an overseas returnee and was transferred to the U.S. Army Reserve Control Group (Annual Training).

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* one overseas service bar

7.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for four campaigns.
8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows his unit, Headquarters and Headquarters Company, 1st Cavalry Division, was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965-19 May 1969 by Department of the Army General Orders Number 59, dated 1969.

9.  Army Regulation 635-5 (Separations Documents), then in effect and current version, states a DD Form 214 will not be reissued except for the following reasons:

	a.  when directed by proper appellate authority, executive orders, or by the secretarial directive;

	b.  when it is determined the correction to be made will not fit within the correction block of a single DD Form 215; 

	c.  when two DD Forms 215 have been issued and an additional correction ir required; or 

   d.  when the character of service is to be changed.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Bronze Star Medal and the Army Good Conduct Medal for his period of service from 21 November 1966 through 13 November 1968.  However, these awards are not shown on his DD Form 214. 
Therefore, his DD Form 214 should be corrected to show these awards.

2.  He participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to his Vietnam Service Medal and correction of his DD Form 214 to show the addition of these service stars.

3.  General orders also entitle the applicant to the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, it would be appropriate to correct his records to show this unit award on his DD Form 214.

4.  In accordance with regulatory guidance, he will be issued a DD Form 215 (Correction to DD Form 214) showing the recommended changes to his DD Form 214, dated 15 November 1966, instead of a DD Form 214.

5.  In view of the foregoing, his records should be corrected as recommended below.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X____  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 24 of the applicant's DD Form 214 the Vietnam Service Medal and

	b.  adding to item 24 of his DD Form 214 the:

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to issuing him a DD Form 214 showing the foregoing changes.



      _________X_________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100023986



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ABCMR Record of Proceedings (cont)                                         AR20100023986



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